Recently Improv Everywhere organized a group of 40 agents who donned white MorphsuitsTM to do a prank where they posed as mannequins in the Gap. They all wore Gap-style clothing over their Morphsuits and walked in the store with their masks off. At the designated time the group simultaneously put on their masks and froze in place like the mannequins in the store which are also all white.

Some of the employees seemed to think it was funny but one concerned employee called 911. The police showed up and put many of the performers in handcuffs. Charlie Todd, the founder of Improv Everywhere, explained the situation and everyone was released without incident. It was pretty funny overall – even the police were laughing by the end.

Let’s look at the legal questions behind this prank.

Is It Legal to Enter a Store to do a Prank?
That’s an interesting question. Stores are open to the public, even for people who are just browsing and have no intention of buying anything. So it’s legal to enter a store during business hours for reasons other than making a purchase. If you’re not interfering with the store’s operations or others’ ability to shop, you are less likely to have any problems.

This is not the first prank that involved messing with store employees. Improv AZ definitely raised some eyebrows when we did the Apple Store Flash Mob and Improv Everywhere had to deal with the police during their Best Buy Prank.

Did the Group Commit Trespassing?
Probably not. You’re usually not trespassing in a store where the public is welcome to be until you refuse to obey a request that you leave. From what I heard, the group was told to leave the store immediately and peacefully if requested to do so, but the employee called 911 instead.

Charlie Todd in Handcuffs by Arin Sang-urai, used with permission

Did the Gap Employee Overreact by Calling 911?
I think so. A more reasonable reaction would have been to use the store’s PA system to announce that everyone who was dressed up like a mannequin needed to leave the store and then call the police if they didn’t comply.

Is There a Problem with Wearing a Mask in a Store?
Possibly. Most businesses don’t have a sign that says “No Masks,” but they are often not allowed. Apparently robbers wear them. Improv AZ ran into a problem with this rule when they tried to walk through a mall (just walking, not doing anything wrong) during the first Epic Super Hero Battle. The group was not allowed to proceed until everyone removed anything that was covering their faces.

Is There a Problem with Filming or Taking Photos in a Store?
Perhaps. Each store sets its own rules about whether photography or filming is permitted. If you’re doing a prank in a mall, the entire mall may have a rule against shooting photos or videos so do your homework in advance. Be sure to check out Arin Sang-urai’s photos from this prank to see images of the hidden cameras Improv Everywhere used.

Could the Group have been Arrested for Disturbing the Peace?
Probably not. The group didn’t excessively disrupt the store. I would say the employee did when they called 911. There didn’t appear to be any problems while the police were sorting out what was going on and most people, if not everyone, was smiling by the end.

Could the Group be Banned from the Gap?
Sure. The store has the right to refuse service to anyone. The have the prerogative to ban problematic patrons. This banning would likely only apply to that particular store, not every Gap, and probably it wouldn’t preclude them from shopping at the Gap online. If anyone was banned from the store, and they entered the premises after the banning began, then they would be trespassing. Some of the members of Improv AZ ran into this problem when we were banned from a mall for three months following the Coroner Prank 2.

If you have any questions about the legalities of flash mobs, pranks, or any type of guerilla marketing, feel free to contact me. If you want a resource about the legal dos and don’ts about these topics, please check out my book, Flash Mob Law.

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This website should only be used for informational purposes. It does not constitute legal advice, and it does not create an attorney-client relationship with anyone. If you need legal advice, please consult an attorney in your community.

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Disclaimer

This website should only be used for informational purposes. It does not constitute legal advice, and it does not create an attorney-client relationship with anyone. If you need legal advice, please consult an attorney in your community.